The standard and efficiency of administration in any country depend\nultimately on the calibre, training and integrity of the members of the public\nservices. When the aim of a constitution is the establishment of a welfare\nstate, it is evident that the functions of such a state will embrace a wide\nrange of activities. The successful operation of these activities depends upon\nthe availability of men of vision, ability, honesty and loyalty to man the\nadministrative apparatus of the state. The concern of the framers of our\nConstitution to ensure this is clear from the provisions dealing with the\nConstitution and functions of the Public Service Commissions. We have also seen\nthe Constitutional guarantee of equality of opportunity in matters of public\nemployment. Not content with these, they went further and made certain special\nprovisions dealing with the public services in India in order to make them feel\ncontented and secure in their positions.<\/p>\n\n\n\n
Article 309 empowers Parliament and the State legislatures to\nregulate the recruitment and the conditions of service of the public services\nof the Union and the States, respectively. Article 310 ensures that all persons\nwho are members of the Defence Services or of the Civil Services of the Union\nor of All India Services, hold office during the pleasure of the President.\nSimilarly, members of the State Services hold office during the pleasure of the\nGovernor. Since the President or the Governor is only the Constitutional head\nof the State, the powers of the President or of the Governor here are those\nwhich are exercised by the Union Cabinet or the State Cabinet. Hence, the\nCabinet wields the real power of controlling all the categories of services.\nThis is in harmony with the democratic and responsible character of the\nGovernment, which ensures the responsibility of the executive to the\nlegislature.<\/p>\n\n\n\n
\u201cTo hold office during the pleasure of the President or the\nGovernor\u201ddoes not, however, mean that a member of the public service can be\ndismissed arbitrarily by the President orthe Governor. There are certain\nConstitutional safeguards against such an action. These are embodied in Article\n311 in the following manner : <\/p>\n\n\n\n
(1) No member of a Civil Service of the Union or an All India Service\nor a State Civil Service can be dismissed or removed by an authority\nsubordinate to that by which he was appointed. <\/p>\n\n\n\n
(2) No such member shall be dismissed or removed or reduced in rank\nuntil he has been given a reasonable opportunity of showing cause against the\naction proposed to be taken in regard to him.<\/p>\n\n\n\n
There are, however, a few exceptions where the civil servants are not\ngiven all these facilities to defend themselves. These are : <\/p>\n\n\n\n
(i) Where a person is dismissed or removed or reduced in rank on the\nground of conduct which has led to his conviction on a criminal charge.<\/p>\n\n\n\n
(ii) Where, in the interest of the security of the State, it is not\nexpedient to give such an opportunity to the civil servants.<\/p>\n\n\n\n
All\nIndia Services<\/strong><\/p>\n\n\n\n Article 312 provides for the creation of All India Services. An All\nIndia Service is different from both the Central and the State Services. It has\nbeen pointed out earlier that under Article 309 the States are entitled to\ncreate their own Civil Services and lay down their own conditions of service\njust as the Centre is entitled to create its own services, make recruitment and\nlay down conditions of service. Thus, while Article 309 provides for separate\njurisdiction for the Centre and the States, Article 312 takes away, to some\nextent, the autonomy of the States in this field by vesting in the Centre the\nauthority to create All India Services. However, the framers of the\nConstitution were anxious to see that the vesting of such authority in the\nCentre should be with the consent of a substantial majority of the representatives\nof the States. That is why Article 312 provides that an All India Service can\nbe created only if the Council of States (Rajya Sabha) declares, by resolution\nsupported by not less than a two-thirds majority, that it is necessary in the\nnational interest to create one or more such All India Services. Such a\nresolution should be considered as effective as an authority given by the\nStates. When once such a resolution is passed, Parliament is competent to\nconstitute such an All India Service and lay down details connected with it.<\/p>\n\n\n\n All India Services, by their very nature, are instruments of national\nconsolidation and unity. They ensure the maintenance of common standards in\ncertain vital fields of administration all over the country. They facilitate\nthe existence of a hard core of officials in every State who, because of their\nmembership in a service which falls within the jurisdiction of the Centre, feel\nmore free and independent to act with a national outlook and keeping in view\nthe national interest. The framers of the Constitution had originally no\nintention of creating such All India Services. That was why the draft\nConstitution did not make any provision in this regard. But the Partition of\nthe country and the creation of Pakistan, and the extremely unsettled\nconditions that prevailed in the country in the early days of Independence\nconvinced those in authority of the necessity of such services as powerful\ninstruments for the preservation of national unity. The example of the Indian\nCivil Service provided the necessary experience for the creation of such All\nIndia Services.<\/p>\n\n\n\n Originally, besides the old Indian Civil Service, there were only two\nAll India Services, namely, the Indian Administrative Service and the Indian\nPolice Service. Legislation was enacted in 1962 for the establishment of three\nmore All India Services. These were:<\/p>\n\n\n\n (1) the Indian Engineering Service; <\/p>\n\n\n\n (2) the Indian Forest Service; and <\/p>\n\n\n\n (3) the Indian Medical and Health Service.<\/p>\n\n\n\n The establishment of an Indian Agriculture Service, an Indian\nEducation Service and an Indian Judicial Service has been accepted in\nprinciple. The Union has, however, created a number of Central Services.<\/p>\n\n\n\n The Constitution also embodies certain provisions aimed at\nsafeguarding the interests of the members of the Indian Civil Service.<\/p>\n\n\n\n Public\nServices And Viewing the constitutional provisions as a\nwhole, there can be no doubt that they are intended to build up a public\nservice that would fit in with the changed character of the State in India. Of\ncourse, a civil servant must possess the traditional service virtues of\nintegrity, loyalty and efficiency. His honesty should be above reproach, his\nloyalty unquestioned and his efficiency in conformity with recognised\nstandards. The Public Services today are expected to have a growing passion for\nsocial service and self-identification with the people. Efficiency today means\nsomething more than an efficient performance of routine duties. It implies the\nactive direction to the economic life of the people with the declared objective\nof ultimately eliminating poverty, disease and ignorance.<\/p>\n\n\n\n In this task, the cooperation of the Public Services (the permanent\nwing of the Government) with the Minister (the political wing) is of utmost\nimportance. Control of the administration is no more the responsibility of the\nCivil Service. It is the responsibility of the representatives of the people.\nThe services must devote themselves to the service of the people under the\ndirection of the people\u2019s representatives. It is the Minister\u2019s business to\ndetermine the policy. Once a policy is determined, it is the business of the\ncivil servant to carry it out with goodwill and devotion, whether he personally\nagrees with it or not.<\/p>\n\n\n\n At the same time, it is the traditional duty of the civil servant to\nmake available to his political chief all the information and experience at his\ndisposal, in order to help him to arrive at a right decision. The civil servant\nwill not be able to do this, sometimes at the risk of displeasing his chief,\nunless he has security of tenure. The civil servant can, under the\nConstitution, give his advice without fear or favour in the interest of\nefficient administration.<\/p>\n\n\n\n One of the virtues of a Parliamentary Democracy is the ample\nopportunity that it affords for the harmonisation of two different and even\nconflicting parts in the same machinery. By nature and training, the permanent\ncivil servant is conservative, narrow in outlook and is often apt to exaggerate\nthe importance of technicalities. He looks at things with the eye of an expert\nand displays a bureaucratic attitude. A politician, on the other hand, by\nnature and experience, is well versed in human affairs. His vision is broad,\nhis attitude compromising and ideas\nprogressive. He has got the qualities of initiative and judgement. His broad\noutlook and strong common sense, born out of a long experience of human\naffairs, bring about a healthy and constructive outlook on all problems. A\ncombination of these two\u2014the administrator and the politician, the civil\nservant and the Minister\u2014should produce wholesome results.<\/p>\n\n\n\n While the permanent services maintain the continuity of the\nadministrative process, the Minister provides the basis of its popular\ncharacter. The Minister serves as a link between the legislature and the\nadministration and ensures the coordination of the two to the best advantage of\nthe country. It is in the interest of efficient administration that these two\nwings of the Government should maintain their separate identity. The civil\nservant should maintain his rigid neutrality in politics and the Minister\nshould scrupulously subscribe to this principle and appreciate the attitude of\nthe civil servant. Then only, the permanent services can become a real link\nbetween successive Ministers and provide stability and continuity to\nadministration. <\/p>\n","protected":false},"excerpt":{"rendered":" The standard and efficiency of administration in any country depend ultimately on the calibre, training and integrity of the members of the public services. When the aim of a constitution is the establishment of a welfare state, it is evident that the functions of such a state will embrace a wide range of activities. The […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[3],"tags":[],"_links":{"self":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts\/528"}],"collection":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/comments?post=528"}],"version-history":[{"count":1,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts\/528\/revisions"}],"predecessor-version":[{"id":529,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts\/528\/revisions\/529"}],"wp:attachment":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/media?parent=528"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/categories?post=528"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/tags?post=528"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nThe Welfare State<\/strong><\/p>\n\n\n\n